Tag Discovery

Tag Discovery

Social Media Posts

Tags: , , , , , Benefits, California Workers Compensation System No comments

In Regard To Social Media Posts.

Everything a person puts on a social media outlet, such as twitter or facebook, is discoverable by the defendants in a workers comp case. Assume that you are talking to the defense attorney when posting. Also, removing information which has already been posted may result in substantial sanctions against the person who posted the information. An attorney cannot recommend that an applicant remove information already disseminated. I would never tell a client to make any alterations or to remove any information already posted. However, to never post is a positive. Why tell the world about all your activities and opinions. Remember, the National Spy Agency is eavesdropping
Defense Attorneys are now routinely requesting social media posts from injured workers or researching that information for damaging or felonious information. Assume your pictures and posts will be presented to a judge!

Deposition

Tags: , , , Featured, Proceedings No comments
featured image

A deposition is a person’s testimony under oath. It is subject to the penalty of perjury. That means that the deponent must testify truthfully as to any and all issues which are material to the lawsuit or litigation. In a worker’s comp case it is absolutely necessary to disclose any and all prior injury claims or accidents.
Since the deposition is a discovery tool, the defendants have the right to inquire as to not only relevant facts, but also any facts which might lead to the discovery of relevant information. A deponent should never volunteer information at a deposition, but only answer a question that is posed. Never assume that the friendly attorney asking you questions is your friend, or has sympathy toward your case. Honey just works better than vinegar. Watch out. . .